16 Year Old Son Falsely accused of violent rape.

[Paul3943]

My 16 year old son has been falsely accused of raping a 15 year old girl 4 weeks ago. He was detained questioned DNA sample taken and released. This accusation is Totally false. He was not even in the area where this girl alledges the 'Rape' took place. The story made the front page of a National Newspaper as the girl was violently attacked. She named my son as the suspect. After my son's interview with the police, I told them my son and the girl travel on the same bus to school and they informed me to 'tell your son just to ignore her'.
Due to the newspaper coverage, Facebook, Twitter etc everyone in my area knows my son is the suspect. However he has had 100% support from all hs friends and family.

We contacted the Police yesterday and they told us that their investigation was complete but as the Officer in Charge wasn't in they couldn't tell us anymore.

Surely with the nature of the incident and the press coverage if the Police had any evidence we would have been contacted by now?

All advice/help welcome.

Thanks

[lawlessone2009]

Oh my good lord!

It must be absolutely horrific in your household just now.

With the story being 'leaked' through the usual grapevine and everyone 'assuming' to know the truth I would imagine that extreme pressure should be put on the Police to clear your sons name as quickly as possible and with information supplied to the public to ensure that it IS cleared.

DNA is a powerful tool for present day rapes but it is by no means cut and shut. A case could proceed outwith it.

Does your son have an alibi?
Was he questioned with legal representation present?

[Casehardened]

Hi,

I echo what Lawlessone has said regarding the unwelcome publicity.....

Was your son actually arrested & cautioned; if so he will have been given a bail date sufficiently far ahead to allow for further enquiries to take place and it may be that no decision as what to do will be made until just before the bail date.

[Paul3943]

Thanks for replying. My son does not have an alibi as he was walking to a friends house in a different part of the town. However the girl he allegedly attacked texted him the next morning asking him him he wanted to go the 'shops with him' and then the following day a similar text. Would someone text a known attacker ? We also have 100% evidence i.e witnesses who can confirm the girl was showing bruises on her chest to friends the day BEFORE the alleged rape. She was also asking my sons friends days before the incidnet what my son would be doing on the day in question.
In relation to Legal representation a Lawyer was present at the Police interview and he told me afterwards in all his years it was the most postive interview he had heard in his career. However it still doesn't take away the worry and concern we have.

[Paul3943]

Hi,

I echo what Lawlessone has said regarding the unwelcome publicity.....

Was your son actually arrested & cautioned; if so he will have been given a bail date sufficiently far ahead to allow for further enquiries to take place and it may be that no decision as what to do will be made until just before the bail date.

We live in Scotland and my son was detained under Section 14 Criminal Justice Scotland Act. ..

If you are suspected of commiting a crime punishable by imprisonment you can be detained for up to 12 hours.

My son was questioned then released without any charges. No Arrest No bail etc

[Casehardened]

We live in Scotland and my son was detained under Section 14 Criminal Justice Scotland Act. ..

If you are suspected of commiting a crime punishable by imprisonment you can be detained for up to 12 hours.

My son was questioned then released without any charges. No Arrest No bail etc

Ah I see, my apologies for any confusion from my query: Lawlessone will be better placed to to make any comment on this as he is our expert on the Scottish legal system...

[Izzy]

Hi P,

If I was you the first question I would be asking the police is if a report has been sent to the Procurator Fiscal or if the case is closed.

For there to be no arrest, bail etc. plus the fact they travel on the school bus together makes me think that there must be holes in her story.

Keep the text messages safe ( don't give them to the police ) as it it is good evidence to have.

All this doesn't help with unwelcome publicity, its horrible especially for someone so young but it will die down in time when people find something else to gossip about.

How is your Son coping?

[Paul3943]

Thanks Izzy,

We are trying to find out if a report has been sent to the PF. I was under the impression that as soon as the Police have enough evidence they have to charge you. The fact that my son was nowhere near where the incident took place, no witnesses,( we actually offered the Police the clothes my son was wearing that night which they said wern't required) I would think we have nothing to worry about, but when you see a Tabloid front page reporting a Rape that your son has been accused of it's very traumatic. Luckily we are a strong family with great support so hopefully we will get through this and be stronger.

[Rights Fighter]

I am surprised your lad was named as he's only 16 years old.

[Paul3943]

Sorry he wasnt named but with Facebook and Twitter he was identified even before the Newspaper (Gutter Press) ran the story.

[Rights Fighter]

I hope the police have some kind of protection plan in place for him.

I don't know much about Scots law so can't be of much help to you I'm afraid.

[Faith]

Sorry to hear your story Paul.
I'm not really placed to offer you any advice on how your case may be proceeding as I know little of the Scottish system.
Their investigation being complete could mean either way...either there is insufficient evidence to proceed to trial or they want to proceed to trial.

As is often the case in Scotland, was your son charged within 24 hours of his arrest?

Your case is made significantly worse by the fact the media have become heavily involved at such an early stage. I would second Izzy's advice...keep those texts safe from the police, at least until you seek legal advice on them. You don't want them to get 'lost'

[Izzy]

He wasn't arrested or charged Faith and for the police not to even want his clothes sounds like they were going through the motions i.e. an accusation had been made and they had to follow it up. It's not any consolation to the person falsely accused though.

I honestly can't see how a report could be sent to the PF when there is no arrest/charge but I would get it verified for your own peace of mind.

Wasting police time comes to mind but they seem unwilling to follow that route in Scotland just now...

[Paul3943]

Hi my son has never been charged. He was questioned then released. The story was given to press by a unknown source( I know who it was, the same person put threats on Twitter about my son.) That source is the only person I know who has had a bad word to say about my son. Everyone has been 100% supportive. If you only knew my son you would realise how absurd these accusations are.
It's so upsetting that someone can make up an absolute lie and your family can suffer so much. I have read how hard it is to take out a successful civil action but I feel that it is a price worth paying to get my son's plight out into the public domain.

[Faith]

Thanks for clarifying that Izzy...I must've only skim read and missed it out.

I hope you get to find out soon Paul